[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56882-56883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17898]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1365]


Certain Photovoltaic Connectors and Components Thereof; Notice of 
a Commission Determination Not To Review Initial Determinations 
Amending the Complaint and Notice of Investigation and Setting a 17-
Month Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review two initial determinations 
issued by the presiding administrative law judge (``ALJ'') granting a 
motion of complainant Shoals Technologies Group, LLC (``Shoals 
Technologies'' or ``Complainant'') to amend the complaint and notice of 
investigation (``NOI'') to assert certain claims of U.S. Patent No. 
11,689,153 (``the '153 patent'') (Order No. 5) and setting a 17-month 
target date for November 12, 2024 (Order No. 6).

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9"><span class="__cf_email__" data-cfemail="99dcddd0caaad1fcf5e9d9eceaf0edfab7fef6ef">[email protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On June 9, 2023, the Commission instituted 
this investigation based on a complaint filed by Shoals Technologies. 
88 FR 37905-06 (June 9, 2023). The complaint alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 based 
upon the importation into the United States, the sale for importation, 
or sale within the United States after importation of certain 
photovoltaic connectors and components thereof by reason of 
infringement of certain claims of U.S. Patent Nos. 10,553,739 (``the

[[Page 56883]]

'739 Patent'') and 10,992,254 (``the '254 Patent''). The Commission's 
NOI named the following eight respondents: (1) Hikam America, Inc. of 
Chula Vista, CA; (2) Hikam Electr[oacute]nica de M[eacute]xico, S.A. de 
C.V. of Mexicali, Mexico; (3) Hikam Tecnologia de Sinaloa of Guasave, 
Mexico; (4) Hewtech Philippines Corp. of Laguna, Philippines; (5) 
Hewtech Philippines Electronics Corp. of Pampanga, Philippines; (6) 
Hewtech (Shenzhen) Electronics Co., Ltd. of Shenzhen, China; (7) 
Voltage, LLC of Chapel Hill, NC; and (8) Ningbo Voltage Smart 
Production Co. (``Ningbo Voltage'') of Ningbo, China. Id. The Office of 
Unfair Import Investigations was also named as a party in this 
investigation. Id.
    On June 29, 2023, Complainant filed an unopposed motion for leave 
to amend the complaint and NOI to add allegations of infringement 
against respondents Voltage, LLC and Ningbo Voltage (collectively, 
``Voltage'') related to claims 1, 2-3, 6, 8, 11-18, 21, 23, and 24 of 
U.S. Patent No. 11,689,153 (``the '153 patent''). See Order No. 5, at 
1. In its motion, Complainant argued that: (1) addition of the '153 
patent will not affect the scope of discovery because ``the '153 Patent 
is a continuation of a patent that is already asserted in the 
Investigation; (2) it seeks to assert the '153 Patent against the same 
respondents and accused products; and (3) the '153 Patent relates to 
the same technology that is already at issue in the Investigation.'' 
Order No. 5, at 2. Complainant further argued that ``[g]ranting the 
proposed amendment will not prejudice the rights of the parties or the 
public interest because the proposed amendment will: (1) add 
substantially similar allegations based on a related patent to those 
currently asserted; (2) not delay or disrupt the timely progression of 
the Investigation; and (3) promote judicial economy by allowing the 
parties to litigate related patents by the same parties against the 
same accused products in the same investigation.'' Id. No party opposed 
the motion. Id. at 1.
    On July 18, 2023, the ALJ issued the first subject ID (Order No. 
5), granting Complainant's motion to amend the complaint and NOI as 
requested. The ID finds that Complainant had established good cause for 
the proposed amendment pursuant to Commission Rule 210.14(b)(1) (19 CFR 
210.14(b)(1)). As the ID explains, Complainant could not have asserted 
the '153 patent at the time it filed its original Complaint because the 
'153 patent issued on June 27, 2023, over a month after the original 
complaint was filed on May 4, 2023. See Order No. 5, at 4. In addition, 
the ID finds that ``there does not appear to be any evidence 
demonstrating that inclusion of the '153 patent will substantially 
expand the scope of discovery because the claimed subject matter is 
similar to the '254 patent, which is already asserted in this 
investigation, and the accused and domestic industry products are the 
same.'' Id. The ID concludes that neither Voltage nor the public 
interest will be prejudiced by the amendment. Id.
    On July 18, 2023, the ALJ issued the second subject ID (Order No. 
6), pursuant to Commission Rule 210.51(a)(1), setting a 17-month target 
date for completion of the investigation of November 12, 2024 in 
consideration of ``the parties' proposals, the parties' scheduling 
conflicts, the scope of this investigation, and the [presiding ALJ's] 
responsibilities in other investigations.'' Order No. 6, at 2. The ID 
further states that the deadline for issuing the final ID is July 12, 
2024. Id.
    No party filed a petition for review of the subject IDs.
    The Commission has determined not to review the subject IDs (Order 
Nos. 5 and 6). Pursuant to Commission Rule 210.14, the Notice of 
Investigation is amended to include claims 1, 2-3, 6, 8, 11-18, 21, 23, 
and 24 of the '153 patent. The target date for completion of the 
investigation is set for November 12, 2024, and the deadline for 
issuing the final ID is July 12, 2024.
    The Commission vote for this determination took place on August 15, 
2023.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: August 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-17898 Filed 8-18-23; 8:45 am]
BILLING CODE 7020-02-P


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